McMillan v. Unique Places, LLC (Lawyers Weekly No. 15-15-0109, 18 pp.) (Louis Bledsoe III, J.) 2015 NCBC 4 Holding: Plaintiff Erik McMillan had the opportunity to read the parties’ operating agreements – which have broad arbitration provisions – but he ...Read More »
Cold Springs Ventures, LLC v. Gilead Sciences, Inc. (Lawyers Weekly No. 15-15-0092, 23 pp.) (Gregory McGuire, J.) 2015 NCBC 1 Holding: The individual plaintiffs, directors of a now defunct corporation, are not required to arbitrate a contract between the corporation ...Read More »
Pattison Outdoor Advertising, LP v. Elevator Channel, Inc. (Lawyers Weekly No. 15-16-0075, 14 pp.) (Linda Stephens, J.) Appealed from Mecklenburg County Superior Court (Richard Boner, J.) N.C. App. Unpub. Holding: The parties’ original contract included an alternative dispute resolution provision; ...Read More »
Bryant v. Holzinger (Lawyers Weekly No. 15-16-0052, 16 pp.) (Sam Ervin IV, J.) Appealed from Randolph County Superior Court (David Hall, J.) N.C. App. Unpub. Holding: Where plaintiff pursued her claim against her underinsured motorist carrier for two and a ...Read More »
Arbitration – Unconscionability – Tort/Negligence – Medical Malpractice – Fiduciary Relationship – Procedural Naughtiness
King v. Bryant (Lawyers Weekly No. 14-16-0699, 29 pp.) (Linda Stephens, J.) Appealed from Cumberland County Superior Court (Lucy Inman, J.) N.C. App. Unpub. Holding: The court refuses to enforce an arbitration agreement based mainly on a finding of procedural ...Read More »
ELJ, Inc. v. Jefferys (Lawyers Weekly No. 14-16-0683, 9 pp.) (Donna Stroud, J.) Appealed from Onslow County Superior Court (Gary Trawick, J.) N.C. App. Unpub. Holding: Even though there was a broad arbitration clause in the parties’ contract relating to ...Read More »
Beiler v. Fifth Third Bank (Lawyers Weekly No. 14-03-0604, 11 pp.) (Thomas Schroeder, J.) 1:13-cv-00867; M.D.N.C. Holding: Since the arbitration clause in the defendant-bank’s credit card contract is so broad, the court orders arbitration of the bank’s fraud and negligent ...
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Arbitration – Procedural Unconscionability – Substantively Enforceable – Real Property – Mobile Home – Mortgages – Civil Practice – Federal Jurisdiction – Diversity
Mansfield v. Vanderbilt Mortgage & Finance, Inc. (Lawyers Weekly No. 14-02-0595, 17 pp.) (Louise Flanagan, J.) 7:13-cv-00257; E.D.N.C. Holding: Even though the defendant-lender engaged in procedural naughtiness by rushing the plaintiff-borrower through the closing and not pointing out the undistinguished ...
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Bookman v. Britthaven, Inc. (Lawyers Weekly No. 14-07-0339, 14 pp.) (Robert C. Hunter, J.) Appealed from Wilson County Superior Court (Milton Fitch Jr., J.) N.C. App. Holding: A patient’s husband and daughter executed a dozen documents to have her admitted ...Read More »